Privacy Policy

Netcode, Inc. endeavors to maintain the highest standards of professionalism with respect to any information made privy to it. In this regard, the following is our current Privacy Policy:

1. Netcode, Inc. has a strong commitment to protecting its users ("User") privacy.
2. From time to time, Netcode, Inc. may ask its Users to provide certain information about themselves. Although the policy is to retain personal information received as completely confidential, the submission of such information is completely optional.
3. Where the User indicates that they would like to pay for any item, Netcode, Inc. may require that certain mandatory information be provided with regard to the User's name, contact details, and payment details. In the event that the User elects not to provide such information, it shall be deemed that no agreement has been made between the parties.
4. Subject to all applicable local laws regarding the disclosure of information, under no circumstances will Netcode, Inc. , or any of its subsidiaries, release your personal information to any third party.
5. Any information so provided by the User shall be stored on an encrypted server.
6. Netcode, Inc. takes every reasonable precaution to protect User information from any misuse, loss or unauthorized access. Nonetheless, Netcode, Inc. cannot provide Users with an unconditional undertaking that no such event will occur. In the event that such an event were to occur, the Users agrees to hold Netcode, Inc. harmless for such.
7. At any time the User so desires, the User may ask Netcode, Inc. to provide it with the details of any information retained in the records of Netcode, Inc. . Nonetheless, in the event that any User asks Netcode, Inc. to provide it with such information more than one time in any given year, Netcode, Inc. is permitted to ask the User to pay a $10- enquiry handling fee.
8. Netcode, Inc. is the sole owner of any information collected through its web site.
9. The code (software, application) is owned and licensed to Netcode, Inc. by Netcode, Inc. (http://www.netcode.ca), and the modifications, changes are provided by Netcode, Inc. on the permission of Netcode, Inc. .

End User Agreement

CAUTION: PLEASE READ this End User License Agreement ("License") CAREFULLY before proceeding to use the Software. NOTE: This License is a legal agreement between you (as either an entity or individual, collectively or solely) ("Licensee") and us ("Licensor"). MOREOVER, the Licensee agrees to be bound by the terms and conditions of this License by means of the Licensee installing, using, copying, or otherwise benefiting from the use of the Software (hereinafter collectively referred to as "Use"). In the event that you do not wish to be bound by the terms and conditions of this License, refrain from any Use of the Software.

The code (software, application), specifically Netcode, Inc. (http://www.netcode.ca), is owned and licensed to Netcode, Inc. by Netcode, Inc. (http://www.netcode.ca), and the modifications, changes that are provided on Netcode, Inc. are provided by Netcode, Inc. on the permission of Netcode, Inc. (http://www.netcode.ca).

The licensee must be an existing Netcode, Inc. (http://www.netcode.ca) client (customer), therefore owning a copy of the Netcode, Inc. (http://www.netcode.ca) code and must own at least general license to purchase the code from Netcode, Inc. website.

1. LICENSE:

   subject to the terms and conditions of this License and the Terms and Conditions of Use of the Software, this License is provided to the Licensee in relation to the software ("Software") for Use on the website nominated by the Licensee when the Licensee first purchases the Software. NOTWITHSTANDING the foregoing, title to the Software (and any and all relating documentation to the Software) shall, at all times, remain with the Licensor and no action by either the Licensor and/or the Licensee shall be deemed to have implied that the Licensee has taken any right to the title in the Software.

2. PERMITTED ACTIONS:

   Subject to the terms and conditions of this License and the Terms and Conditions of Use of the Software, as Licensee you are permitted to:

   1. Use the Software SOLELY on the domain name registered with the initial registration of the Software. In this regard, this License does not permit you to Use the Software on multiple hosts with a single name (for the purposes of clarity, this means that for any given .com; .net; .org; etc., you may install and Use a Single copy of the Software that you purchase).
   2. make a SINGLE copy of the Software, which must be for disaster recovery purposes only.
   3. adapt the code of the Software; and/or customize the Software; and/or integrate specific features to the Software; for your own purposes only.
   4. transfer ownership of the Software; PROVIDED THAT such transfer of ownership is in its entirety and any purchaser of the Software agrees to be bound by the terms and conditions of this License as if they were the original Licensee.
      
3. PROHIBITED ACTIONS:

   As Licensee you hereby agree that at no time are you licensed to:

   1. other than the circumstances set out in Clause 2 above; either in part or in whole, transmit, redistribute, transfer, provide access to the code, copy (more than a SINGLE copy) the Software to any third party.
   2. in part or whole, use any code considered the property of the Licensor in any product distributed to any third party, whether or not that may be freely distributed or commercially sold.
   3. Use the Software to transmit or communicate any data that is considered illegal, harmful, threatening, abusive, defamatory, harassing, obscene (which term shall include vulgar, hateful, racial in nature, ethnical or otherwise objectionable in any way), or invasive of another's privacy. For the purposes of clarity, the Licensee agrees that the Licensor shall have the absolute sole discretion to deem any action by the Licensee as being within the ambit of this Sub-clause.
   4. pass-off or represent that the Licensee has any title ownership right to the Software.
   5. transmit or communicate any data with the Licensor that may contain viruses considered harmful to the Software.
   6. violate any local, state, federal, national or international law by Use of the Software.
   7. attempt at any time to reverse engineer the Software; or Use or test the Software with the purpose of developing and implementing any method or application that is intended in any way to interfere with the safe functioning of the Software.
      
4. ADDITIONAL RIGHTS AND SCOPE OF SERVICES:

   this License allows the Licensee to Use the Software in the manner permitted by this License and the Terms and Conditions of Use of the Software. In no way, and at no time, does this License afford the Licensee the right to any service support for the Software, nor is the Licensee afforded any additional rights beyond the right to Use the Software in accordance with the terms and conditions of this License.

5. WARRANTIES AND REPRESENTATIONS:

   The Licensor makes no representation or warranty of any kind concerning the quality, safety or suitability (including but not limited to implied warranties of merchantability and fitness for a particular purpose) of the Software, nor does the Licensor warrant that the functions in the Software will meet the Licensee's requirements. To the maximum extent permitted by applicable law, in no event will the Licensor be liable for any indirect, punitive, special, incidental or consequential damages, however they may so arise (including but not limited to any action relating to a breach of contract, tort, strict liability offence, breach of warranty or negligence) and even if the Licensor has previously been advised of such.

   Additionally the Licensor reserves the right not to install software or code if the destination code has been modified from its original form received from Netcode, Inc. (http://www.netcode.ca).

6. LOSS, DAMAGES AND RISK:

   The Licensor is in no way liable to the Licensee and/or any third party for any loss or damage to:

   1. the Licensee's records or data;
   2. any errors or omissions in any data;
   3. any failure to comply with any consents and authorizations and clearance in data owned or controlled by third parties, which shall be for the Licensor to obtain;
   4. any third party copyright infringement;
   5. any damages claimed by any third party claim;

   as a result of the Licensee's Use of the Software.

   The Licensee further hereby unconditionally acknowledges that any Use of the Software shall be at the sole risk of the Licensee and that the Software (including any associated documentation) are provided on an "AS IS" basis, without warranty or representation.

7. TERMINATION:

   The License hereby provided to the Licensee will be deemed to have terminated immediately upon the Licensee carrying on any activity expressly prohibited under the terms and conditions of this License.

   The Licensee may terminate this License at any time by means of destroying the Software (and any related documentation), including any copy of the Software. However, Clause 3 of this License shall continue to be in full force and effect notwithstanding the fact that the Licensee may have destroyed the Software.

8. REFUNDS:

   The Licensee hereby acknowledges that it accepts that the Licensor has a "NO REFUND" policy. In this regard, if the Licensee is having any technical problems with the Software, the Licensee is required to post a message to the Licensor's forum message board (in the manner as previously prescribed in Sub-clause 4(i) ). Moreover, in the event that the Licensee's hosting provider is incapable of running the code of the Software, the Licensee agrees to hold the Licensor harmless for such and to change their server providers. In addition, failure to make sure mod compatibility with their current version of phpMyDirectory, will not allow for a refund.

9. ADVERTISEMENTS:

   The Licensee hereby acknowledges that the Licensor reserves the right to run advertisements and promotions and that by entering into this License the Licensee agrees to provide any support that may be required in connection there with.

10. MISCELLANEOUS PROVISIONS:
    1. The terms of this License constitute the entire understanding between the Licensee and the Licensor with respect to the Software and supersede all prior agreements between the parties.
    2. Any failure by the Licensor to enforce any of its rights does not constitute a waiver of such rights.
       
11. LAW:

    this License shall be governed by the laws in the jurisdiction where the principal head office of the Licensor are located, without reference to the Conflicts of Law principle.